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High Court: Govts Can Take Property for Econ Development
Bloomberg News

Posted on 06/23/2005 7:30:08 AM PDT by Helmholtz

U.S. Supreme Court says cities have broad powers to take property.


TOPICS: Breaking News; Front Page News; Government; News/Current Events
KEYWORDS: barratry; bastards; biggovernment; blackrobedthieves; breyer; commies; communism; communismherewecome; confiscators; corrupt; doescharactercount; duersagreewithus; eminentdomain; fascism; feastofbelshazzar; foreignanddomestic; frommycolddeadhands; ginsburg; grabbers; henchmen; hillarysgoons; isittimeyet; johnpaulstevens; jurisbullshit; kelo; liberalssuck; livingdocument; moneytalks; mutabletruth; nabothsvineyard; nabothvsjezebel; nuts; oligarchy; plusgoodduckspeakers; plutocracy; positivism; prolefeed; propertyrights; revolutionwontbeontv; robedtryants; rubberethics; ruling; scotus; showmethemoney; socialism; socialistbastards; souter; stooges; supremecourt; thieves; turbulentpriests; tyranny; tyrrany; usscsucks; votefromtherooftops; wearescrewed; weneededbork; whoboughtthisone; youdontownjack
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To: Helmholtz
Who wins if an endengered species is found residing at a residence soon to be dozed for economic development reasons?

Seems like the backyard snail darter should win since it the ESA has stood in the way of less dramatic economic development.

God forbid there is asbestos at the properties...

941 posted on 06/23/2005 3:04:15 PM PDT by !1776!
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To: Dead Corpse

I went there. I couldn't have understood it any less if it were written in Chinese. What did it mean?


942 posted on 06/23/2005 3:05:02 PM PDT by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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To: Tatze

Their houses first!


943 posted on 06/23/2005 3:05:10 PM PDT by floriduh voter (www.terrisfight.org & www.conservative-spirit.org... The Schindlers "Never again.")
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To: pbrown
Can they write a new law against this act?

Do you mean can these kinds of takings be stopped despite the Supreme Court's decision? Absolutely! Of course!

The Supreme Court didn't say states and local governments (including municipalities) MUST do what was done here, only that the Fifth Amendment doesn't prohibit it. Concerned citizens need to get to work immediately and take every reasonable step to prevent their states and local governments from taking advantage of this decision. They should start by examining their own state laws and constitutional provisions.

Some states already have stringent constitutional prohibitions or legislation in place that would prevent what happened in Connecticut. If your state isn't such a state, start pushing your state representatives HARD to make it one.

944 posted on 06/23/2005 3:08:01 PM PDT by JCEccles
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To: AmishDude

shhhh

don't bring logic into this subject.

Didnt you know? Every time there is a decision FR likes, they laud it to the ceilings while the DUmmies get bent. Now I would bet the DUmmies are laughing at the FReepers that are saying REVOLUTION and all that other whacko stuff.

This ruling sucks, no doubt about it. But it isn't really going to change much short term. Maybe in the long term but only in certain growth areas.


945 posted on 06/23/2005 3:08:31 PM PDT by MikefromOhio
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To: Vicomte13
"It does not seem to me that the solution lies in trying to somehow find 9 incorruptible men who, once in the position of final arbiter and creator of law in America..."

"Creator of law"?? The Supreme Court's duty is to interpret the law, not to create law. This has been a worsening problem.
946 posted on 06/23/2005 3:09:39 PM PDT by Outland (Some people are damned lucky that I don't have Bill Gates' checkbook.)
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To: Lancey Howard

Make sure to wear your govm't approved and mandated safety harness...


947 posted on 06/23/2005 3:10:13 PM PDT by spunkets
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To: Moose4

Wow. This is bad..........

Sure is. I am in exactly the position described. I have a small house on 1/3 acre, completely surrounded by the local tycoon who (with others) are wanting to put in a mall and other associated establishments. Rumor says something going on that would devalue said property. I've had the property for almost twenty years and was planning on cashing in for retirement nest egg.

My anger is beyond description!!!


948 posted on 06/23/2005 3:11:33 PM PDT by Grateful One (`)
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To: spunkets
The authority to make law FOR THE GOVERNMENT was given to the legislatures, the people already HAD "laws"

________________________________________________________

If men through fear, fraud or mistake, should in terms renounce and give up any essential natural right, the eternal law of reason and the great end of society, would absolutely vacate such renunciation; the right to freedom being the gift of God Almighty, it is not in the power of Man to alienate this gift, and voluntarily become a slave.
John Adams, Rights of the Colonists, 1772

________________________________________________________

The Founders called it Natural law, or the law of Nature and nature's God in the Declaration of Independence.

It's WHY the Declaration was separate from the Constitution

It's WHY the Bill of Rights were separated from the Constitution

It's WHY we're in such a major mess now because SO FEW PEOPLE understand the beautifully simple system of Natural law left to us by the Founders....

It's WHY America WAS considered FREE!

949 posted on 06/23/2005 3:16:00 PM PDT by MamaTexan ( TAG!!! You're IT!! :)
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To: floriduh voter

950 posted on 06/23/2005 3:17:33 PM PDT by floriduh voter (www.terrisfight.org & www.conservative-spirit.org... The Schindlers "Never again.")
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To: Torie

What is the affirmative public harm caused by Kelo's property? Her property did not cause crummy schools, crowded roads, and air pollution..


951 posted on 06/23/2005 3:17:56 PM PDT by AntiGuv (™)
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To: Torie

Admit it, you just like slapping O'Connor around.. ;p


952 posted on 06/23/2005 3:18:37 PM PDT by AntiGuv (™)
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To: JCEccles

Thank you.


953 posted on 06/23/2005 3:22:52 PM PDT by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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To: NavVet
... the battle for the control of the courtroom could get intense.

Yep, just heard on Brit Hume all the demonRATS except KKK wrote a letter to PRESIDENT Bush telling him he needs TO CHECK WITH THEM BEFORE NOMINATING ANOTHER JURIST.

954 posted on 06/23/2005 3:23:20 PM PDT by Just A Nobody (I - L O V E - my attitude problem!)
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To: MOgirl
I have a call into my lawyer to determine if MO is a state that will allow this theft to occur

I don't remember all the specifics, but this exact same thing is happening outside St. Louis.

955 posted on 06/23/2005 3:23:55 PM PDT by SittinYonder (Tancredo and I wanna know what you believe)
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To: Vicomte13
You are correct about how a majority of Americans would frame abortion law, but where your analysis breaks down is that a 63% majority of Americans DO NOT want Roe v Wade overturned, notwithstanding its dreadful legal reasoning. If a majority did want it overturned and voted accordingly, then the Constitution would get amended - or better yet the justices would get appointed to overturn the decision. In other words, the Court is not the ultimate arbiter; it is the Congress & the States via the Constitution.

You can blame it on ignorance if you want, but a majority of the people do not want Roe v Wade overturned even though in other polling they disagree with its application.

956 posted on 06/23/2005 3:26:29 PM PDT by AntiGuv (™)
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To: Helmholtz
The horrors of this property theft have been underway in California for some time.
The Blight of Eminent Domain.
This article details the seizure of church property (minimal tax base) to develop a Costco store in Cyprus, California.
957 posted on 06/23/2005 3:30:16 PM PDT by XHogPilot
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To: JCEccles
Some states already have stringent constitutional prohibitions or legislation in place that would prevent what happened in Connecticut. If your state isn't such a state, start pushing your state representatives HARD to make it one.

The problem with that strategy is that the state has a vested interest in maintaining the opposite case: that it indeed have this power to maximize tax revenues. My own feeling is that the states will fight any such citizen action, including their own courts. For instance, the State of South Carolina and Jasper Country are even now squabbling among themselves as to who will garner the most gelt from taking land owned by Georgia in South Carolina on the Savannah.

Can you imagine either the state or the county willingly giving up that power, especially after today's wideranging decision?

I remember the Proposition 13 fight in California; it took enormous energy on the part of many people to push it through. Can you imagine that much energy being expended, that many people emulating Howard Jarvis and then-Governor Reagan these days in every state capital?

958 posted on 06/23/2005 3:33:17 PM PDT by snowsislander
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To: All

Mark Levin is all over this now. He's talking about the rogue court, the Men in Black (as he titled his book).

Link:

http://www.wabcradio.com/listenlive.asp

(You might have to do a sign-up for that station, can't remember.)

He's saying the courts are attacking us. They have decided that the 5th amendment doesn't say what it says. They have not followed the Constitution. He is saying that Kennedy is a complete turncoat.


959 posted on 06/23/2005 3:36:36 PM PDT by texasbluebell
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To: MrNeutron1962
This was a residential zone, and with the stroke of a pen, the local politico's turned it into mixed use.

You didn't pay attention. My home was/is an R1 residential that was turned into "mixed use" with the stroke of a pen. My neighbor immediately converted the house over my back fence into a C1 commercial with a 4 story commercial building that is still under construction. The property owner happily sold that piece of property to my neighbor last year. There are many other pieces of residential property that would make fine commercial land in the zone. Now, the city can force the issue even if the homeowner doesn't want to sell. The house right next to the new commercial building is on a corner. The idiot next door neighbor is already threatening to buy it, scrape it and put another business there.

960 posted on 06/23/2005 3:37:03 PM PDT by Myrddin
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